Waterboarding is a form of torture that consists of immobilizing a person on their back with the head inclined downward—known as the Trendelenburg position—and pouring water over the face and into the breathing passages. Torture, according to the United Nations Convention Against Torture, is "any act by which severe pain or suffering, whether physical or mental is intentionally In the Trendelenburg position the Body is laid flat on the back ( Supine position) with the feet higher than the Head, in contrast to the reverse ^[1][2] Through forced suffocation and inhalation of water, the subject experiences the process of drowning and is made to believe that death is imminent. Drowning is Death as caused by suffocation when a liquid causes interruption of the body's absorption of oxygen from the air leading to Asphyxia. ^[3] In contrast to merely submerging the head face-forward, waterboarding almost immediately elicits the gag reflex. The pharyngeal reflex or gag reflex is a Reflex contraction of the back of the throat evoked by touching the Soft palate, that prevents something from ^[4] Although waterboarding does not always cause lasting physical damage, it carries the risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries (including broken bones) due to struggling against restraints, and even death. lung is the essential Respiration organ in air-breathing Animals including most Tetrapods a few Fish and a few Snails The most primitive Brain damage, or Acquired brain injury, is the destruction or degeneration of Brain cells. A bone fracture (sometimes abbreviated # or Fx or Fx) is a medical condition in which a Bone is cracked or broken ^[5] The psychological effects on victims of waterboarding can last for years after the procedure. ^[6]

Waterboarding was used for interrogation at least as early as the Spanish Inquisition to obtain information,^[7] coerce confessions, punish, and intimidate. Interrogation or questioning is Interviewing as commonly employed by officers of the Police and Military. The Spanish Inquisition started and was established in 1478 by Catholic Monarchs Ferdinand II of Aragon and Isabella I of Castile to maintain A forced confession is a Confession obtained by a suspect or a Prisoner under means of Torture of some kind or Duress. It is considered to be torture by a wide range of authorities, including legal experts,^[5][8] politicians, war veterans,^[9][10] intelligence officials,^[11] military judges,^[12] and human rights organizations. ^[13][14] Despite its long use as a technique, the first actual use of the term "waterboarding" in the media occurred on May 13, 2004, in the New York Times. In 2007 waterboarding led to a political scandal in the United States when the press reported that the CIA had waterboarded extrajudicial prisoners and that the Justice Department had authorized this procedure. A political scandal is a Scandal in which Politicians or government officials are accused of engaging in various illegal corrupt, or Unethical near as long as it used to be several months ago It has been actively summarized and split into sub-articles and there is a dynamic talk page discussion of all Extrajudicial prisoners of the United States, in the context of the War on Terrorism, refers to Foreign nationals the United States detains outside ^[15][16] The CIA is known to have used waterboarding on at least three Al-Qaida suspects: Khalid Sheikh Mohammed, Abu Zubaydah and Abd al-Rahim al-Nashiri. Al-Qaeda, alternatively spelled al-Qaida, al-Qa`ida or al-Qa`idah, ( Arabic:; ar-Latn ''al-qāʿidah'' Translation: The Khalid Sheikh Mohammed ( خالد شيخ محمد; also transliterated as Khalid Shaikh Mohammed, and additionally known by at least fifty aliases Abu Zubaydah (born 12 March 1971 as Zayn al-Abidin Muhammad Husayn (ابو زبيدة was according to American authorities a high-ranking member of Al-Qaida Abd al-Rahim al-Nashiri ( عبد الرحيم النشيري) is one of the aliases of the Saudi Al-Qaeda member Abdul-Rahim Hussein Muhammad 'Abdu (عبد ^[17][18]

Contents 1 Technique 2 Mental and physical effects 3 Classification as torture 4 Historical uses 4.1 Spanish Inquisition 4.2 Colonial times 4.3 After the Spanish-American War of 1898 4.4 World War II 4.5 Algerian War 4.6 Vietnam War 4.7 Chile 4.8 Khmer Rouge 4.9 U.S. Military survival training 5 Contemporary use and the United States 5.1 Use by law enforcement 5.2 Use by intelligence officers 5.2.1 Khalid Sheikh Mohammed 5.2.2 Abu Zubaida 5.3 Controversy over classification as torture in the United States 5.3.1 As a political issue in confirmation hearings 5.3.2 As a political issue in 2008 presidential election 6 Legality 6.1 International 6.2 United States 7 Use in Popular media 8 See also 9 Further reading 10 References 11 External links

Technique

The waterboarding technique was characterized in 2005 by former CIA director Porter J. Goss as a "professional interrogation technique. near as long as it used to be several months ago It has been actively summarized and split into sub-articles and there is a dynamic talk page discussion of all Porter Johnston Goss (born December 10 1938) is an American politician, who was the last Director of Central Intelligence and the first Enhanced interrogation techniques, rough interrogation, the Central Intelligence Agency’s interrogation methods, and alternative set of procedures are "^[13] According to press accounts, a cloth or plastic wrap is placed over or in the person's mouth, and water is poured on to the person's head. As far as the details of this technique, press accounts differ – one article describes "dripping water into a wet cloth over a suspect's face",^[19] another states that "cellophane is wrapped over the prisoner's face and water is poured over him. "^[20] CIA officers who have subjected themselves to the technique have lasted an average of 14 seconds before caving in. ^[4]

Two televised segments, one from Fox News and one from Current TV, demonstrate a waterboarding technique that may be the subject of these press descriptions. Current TV is an Emmy award winning independent media company led by former U ^[21][22] In the videos, each correspondent is held against a board by the interrogators. In the Current TV segment, a rag is then forced into the correspondent's mouth, and several pitchers of water are poured onto the rag. The interrogators periodically remove the rag, and the correspondent is seen to gasp for breath. The Fox News segment mentions five "phases" of which the first three are shown. In the first phase, water is simply poured onto the correspondent's face. The second phase is similar to the Current TV episode. In phase three, plastic wrap is placed over the correspondent's face, and a hole is poked into it over his mouth. Water is poured into his mouth through the hole, causing him to gag. He mentions that it really does cause him to gag; that it could lead to asphyxiation; and that he could stand it for only a few seconds.

Dating back to the Spanish Inquisition, the technique has been favored because, unlike most other torture techniques, it produces no marks on the body. ^[23] Information retrieved from the waterboarding may not be reliable because a person under such duress may admit to anything, as harsh interrogation techniques lead to false confessions. "The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law," says John Sifton of Human Rights Watch. A mock execution is a method of psychological Torture, whereby the subject is made to believe that he is being led to his execution Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. ^[4] It is "bad interrogation. I mean you can get anyone to confess to anything if the torture's bad enough," said former CIA officer Bob Baer. Robert "Bobby" Baer (born July 1 1952 is an author and former case officer at the Central Intelligence Agency. ^[4]

Mental and physical effects

Dr. Allen Keller, the director of the Bellevue/N.Y.U. Program for Survivors of Torture, has treated "a number of people" who had been subjected to forms of near-asphyxiation, including waterboarding. New York University ( NYU) is a private, Nonsectarian, Coeducational Research University in New York City. An interview for The New Yorker states, "[He] argued that it was indeed torture, 'Some victims were still traumatized years later', he said. The New Yorker is an American Magazine that publishes reportage commentary criticism essays fiction satire cartoons and poetry One patient couldn't take showers, and panicked when it rained. 'The fear of being killed is a terrifying experience,' he said. "^[6] Keller also stated in his testimony before the Senate that "Water-boarding or mock drowning, where a prisoner is bound to an inclined board and water is poured over their face, inducing a terrifying fear of drowning clearly can result in immediate and long-term health consequences. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives As the prisoner gags and chokes, the terror of imminent death is pervasive, with all of the physiologic and psychological responses expected, including an intense stress response, manifested by tachycardia (rapid heart beat) and gasping for breath. There is a real risk of death from actually drowning or suffering a heart attack or damage to the lungs from inhalation of water. Drowning is Death as caused by suffocation when a liquid causes interruption of the body's absorption of oxygen from the air leading to Asphyxia. Myocardial infarction ( MI or AMI for acute myocardial infarction) also known as a heart attack, occurs when the blood supply Long term effects include panic attacks, depression and PTSD. Panic attacks are sudden discrete periods of intense anxiety mounting Physiological arousal fear stomach problems and discomfort that are associated with a variety of In the fields of Psychology and Psychiatry, the terms depression or depressed refer to both expected and pathologically chronic or severe Post traumatic stress disorder It is a severe and ongoing emotional reaction to I remind you of the patient I described earlier who would panic and gasp for breath whenever it rained even years after his abuse. "^[24]

In an open letter to U. S. Attorney General Alberto Gonzales, Human Rights Watch claimed that waterboarding can cause the sort of "severe pain" prohibited by 18 USC 2340 (the implementation in the United States of the United Nations Convention Against Torture), that the psychological effects can last long after waterboarding ends (another of the criteria under 18 USC 2340), and that uninterrupted waterboarding can ultimately cause death. Alberto R Gonzales (born August 4 1955) was the 80th Attorney General of the United States. Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. The United States Code ( USC) is a compilation and Codification of the general and permanent federal Law of the United States. The United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the purview of ^[5]

Classification as torture

Waterboarding is considered to be torture by a wide range of authorities, including legal experts,^[5][8][25] politicians, war veterans,^[9][10] intelligence officials,^[26] military judges,^[12] and human rights organizations. ^[13][14] Arguments have been put forward that it might not be torture in all cases, or that they are uncertain. ^{[27][28][29][30]} (See Controversy over classification in the United States for more information). Waterboarding is a form of Torture that consists of immobilizing a person on their back with the head inclined downward and pouring water over the face and into the breathing

The U. S. State Department has recognized that other techniques that involve submersion of the head of the subject during interrogation would qualify as torture. ^[31]

The United Nations' Report of the Committee Against Torture: Thirty-fifth Session of November 2006, stated that state parties should rescind any interrogation techniques, such as waterboarding, that constitutes torture or cruel, inhuman, or degrading treatment or punishment. ^[32]

Historical uses

Spanish Inquisition

A form of torture similar to waterboarding called toca, along with garrucha (or strappado) and the most frequently used potro (or the rack), was used (though infrequently) during the trial portion of the Spanish Inquisition process. Strappado is a form of Torture in which a victim is suspended in the air by means of a rope attached to his or her hands which are tied behind their back in which the arms are The Spanish Inquisition started and was established in 1478 by Catholic Monarchs Ferdinand II of Aragon and Isabella I of Castile to maintain "The toca, also called tortura del agua, consisted of introducing a cloth into the mouth of the victim, and forcing them to ingest water spilled from a jar so that they had the impression of drowning. "^[33] One source has claimed that the use of water as a form of torture also had profound religious significance to the Inquisitors. ^[34]

Colonial times

Agents of the Dutch East India Company used a precursor to waterboarding during the Amboyna massacre, which took place on the island of Amboyna in the Molucca Islands in 1623. The Dutch East India Company ( Vereenigde Oost-Indische Compagnie or VOC in old-spelling Dutch, literally "United East Indian The Amboyna massacre was the torture and execution in 1623 of twenty men ten of which were in the service of the British East India Company, by agents of the Ambon Island is part of the Maluku Islands of Indonesia. The Island has an area of 775 km² (300 sq mi The Maluku Islands (also known as the Moluccas, Moluccan Islands, the Spice Islands or simply Maluku) are an Archipelago At that time, it consisted of wrapping cloth around a victim's head, after which the torturers "poured the water softly upon his head until the cloth was full, up to the mouth and nostrils, and somewhat higher, so that he could not draw breath but he must suck in all the water. "^[35] In one case, the torturer applied water three or four times successively until the victim's "body was swollen twice or thrice as big as before, his cheeks like great bladders, and his eyes staring and strutting out beyond his forehead. "^[36]

After the Spanish-American War of 1898

After the Spanish American War of 1898 in the Philippines, the US Army used waterboarding which was called the “water cure” or “Chinese water torture. The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP ” at the time. Major Edwin Glenn was court martialed and sentenced to 10 years hard labor for waterboarding a suspected insurgent. Penal labour or penal servitude is a form of Unfree labour. The term may refer to two different notions labour as a form of punishment and labour as a form of occupation ^[37] President Theodore Roosevelt ordered the court-martial of the American General on the island of Samar for allowing his troops to waterboard. Theodore Roosevelt (ˈroʊzəvɛlt October 27 1858 January 6 1919 also known as T A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject For other uses please see Samar (disambiguation. Samar, formerly Western Samar, is a province in the Philippines When the court-martial found only that he had acted with excessive zeal, Roosevelt disregarded the verdict and had the General dismissed from the Army. ^[38][39]

World War II

During World War II, Japanese troops, especially the Kempeitai, as well as the Gestapo,^[40] the German secret police, used waterboarding as a method of torture. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The Empire of Japan ( {{unicode|Kyūjitai}}: ja 大日本帝國 Shinjitai: ja 大日本帝国 pronounced Dai Nippon Teikoku The Kempeitai (Japanese 憲兵隊 "Corps of Law Soldiers" was the Military police arm of the Imperial Japanese Army from 1881 to 1945 The ( contraction of ge heime Sta ats' po' lizei: "Secret State Police" was the official Secret police of Nazi Germany ^[41] During the Japanese occupation of Singapore the Double Tenth Incident occurred, which included waterboarding consisting of binding or holding down the victim on his back, placing a cloth over his mouth and nose, and pouring water onto the cloth. The Japanese occupation of Singapore was the period in the History of Singapore between 1942 and 1945 when Japanese forces occupied Singapore during The " Double Tenth Incident " or " Double Tenth Massacre In this version, interrogation continued during the torture, with the interrogators beating the victim if he did not reply and the victim swallowing water if he opened his mouth to answer or breathe. When the victim could ingest no more water, the interrogators would beat or jump on his distended stomach. ^[42][43]

Algerian War

The technique was also used during the Algerian War (1954-1962). The Algerian War ( French: Guerre d'Algérie; 1954-1962 also known as Algerian War of Independence, led to Algeria 's independence from The French journalist Henri Alleg, who was subjected to waterboarding by French paratroopers in Algeria in 1957, is one of only a few people to have described in writing the first-hand experience of being waterboarded. Henri Alleg (born 1921 in London born Henri Salem, is a French-Algerian journalist director of the " Alger républicain " newspaper and a member of the Paratroopers are Soldiers trained in Parachuting and generally operate as part of an airborne force. His book The Question, published in 1958 with a preface by Jean-Paul Sartre (and subsequently banned in France until the end of the Algerian War in 1962) discusses the experience of being strapped to a plank, having his head wrapped in cloth and positioned beneath a running tap:

The rag was soaked rapidly. Jean-Paul Charles Aymard Sartre (21 June 1905 &ndash 15 April 1980 commonly known simply as Jean-Paul Sartre (ʒɑ̃ pol saʁtʁə was a French Water flowed everywhere: in my mouth, in my nose, all over my face. But for a while I could still breathe in some small gulps of air. I tried, by contracting my throat, to take in as little water as possible and to resist suffocation by keeping air in my lungs for as long as I could. But I couldn't hold on for more than a few moments. I had the impression of drowning, and a terrible agony, that of death itself, took possession of me. In spite of myself, all the muscles of my body struggled uselessly to save me from suffocation. In spite of myself, the fingers of both my hands shook uncontrollably. "That's it! He's going to talk," said a voice.

The water stopped running and they took away the rag. I was able to breathe. In the gloom, I saw the lieutenants and the captain, who, with a cigarette between his lips, was hitting my stomach with his fist to make me throw out the water I had swallowed. ^[44]

Alleg stated that he had not broken under his ordeal of being waterboarded. ^[45] Alleg has stated that the incidence of "accidental" death of prisoners being subjected to waterboarding in Algeria was "very frequent. "^[9]

Vietnam War

Waterboarding was designated as illegal by U. S. generals in the Vietnam War. The Vietnam War, also known as the Second Indochina War, or the Vietnam Conflict, occurred in Vietnam, Laos and Cambodia ^[46] On January 21, 1968, The Washington Post published a controversial photograph of two U. The Washington Post is the largest and most circulated Newspaper in Washington D S soldiers and one South Vietnamese soldier participating in the waterboarding of a North Vietnamese POW near Da Nang. The Democratic Republic of Vietnam (DRVN or less commonly Vietnamese Democratic Republic (Việt Nam Dân Chủ Cộng Hòa was a Country on the northern half of Vietnam This article is about the city of Đà Nẵng For the Vietnam War era air base see Da Nang Air Base or Đà Nẵng International Airport. ^photo[47] The article described the practice as "fairly common. "^[47] The photograph led to the soldier being court-martialled by a U. S. military court within one month of its publication, and he was discharged from the army. ^[46][48] Another waterboarding photograph of the same scene is also exhibited in the War Remnants Museum at Ho Chi Minh City. The War Remnants Museum (Bảo tàng chứng tích chiến tranh is a War museum at 28 Vo Van Tan in District 3, Ho Chi Minh City ^[49]

Chile

Further information: Operation Condor

Based on the testimonies from more than 35,000 victims, of the Pinochet regime, the Chilean Commission on Political Imprisonment and Torture concluded that to provoke a near death experience, by waterboarding, is torture. For other uses of Operation Condor please see Operation Condor (disambiguation Operation Condor (Operación Cóndor Operação Condor was a campaign Government Junta of Chile ( September 11, 1973 - March 11, 1990) (Junta Militar de Gobierno was the political ^[50]

Khmer Rouge

The Khmer Rouge at the Tuol Sleng prison in Phnom Penh, Cambodia, used waterboarding as a method of torture between 1975 and 1979. The Khmer Rouge (ខ្មែរក្រហម Kmae Krɑhɑɑm was the Communist ruling political party of Cambodia &mdashwhich it renamed The Tuol Sleng Genocide Museum is a museum in Phnom Penh, the capital of Cambodia. Phnom Penh ( Khmer: ភ្នំពេញ official Romanization Phnum Pénh; pʰnum pɯɲ is the Capital The Kingdom of Cambodia ( formerly known as Kampuchea (, transliterated: Preăh Réachéanachâkr Kâmpŭchea) is a country in South East ^[51] The practice was documented in a painting by former inmate Vann Nath, which is on display in the Tuol Sleng Genocide Museum. Vann Nath (born 1946 is a Cambodian painter, Artist and Writer and Human rights activist who is amongst a diverse group of writers The Tuol Sleng Genocide Museum is a museum in Phnom Penh, the capital of Cambodia.

U. S. Military survival training

Main article: SERE

All special operations units in all branches of the U. SERE, an Acronym for S urvival E vasion R esistance and E scape is a U S. military employ the use of waterboarding as part of survival school (SERE) training, to psychologically prepare soldiers for the eventuality of being captured by the enemy forces. SERE, an Acronym for S urvival E vasion R esistance and E scape is a U ^[52]

Jane Mayer wrote for The New Yorker:

According to the sere affiliate and two other sources familiar with the program, after September 11th several psychologists versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. Jane Mayer (born 1955 in New York City) is an American investigative Journalist who has been a staff writer for The New Yorker The New Yorker is an American Magazine that publishes reportage commentary criticism essays fiction satire cartoons and poetry Some of these psychologists essentially “tried to reverse-engineer” the SERE program, as the affiliate put it. Reverse engineering (RE is the process of discovering the technological principles of a device object or system through analysis of its structure function and operation “They took good knowledge and used it in a bad way,” another of the sources said. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program. ^[53]

and continues to report:

many of the interrogation methods used in SERE training seem to have been applied at Guantánamo. ^[53]

Contemporary use and the United States

Use by law enforcement

The use of "third degree interrogation" techniques in order to compel confession, ranging from "psychological duress such as prolonged confinement to extreme violence and torture", was widespread in early American policing. Lassiter classified the water cure as "orchestrated physical abuse", and described the police technique as a "modern day variation of the method of water torture that was popular during the Middle Ages. " The technique employed by the police involved either holding the head in water until almost drowning, or laying on the back and forcing water into the mouth or nostrils. ^[54]:47 Such techniques were classified as "'covert' third degree torture" since they left no signs of physical abuse, and became popular after 1910 when the direct application of physical violence in order to force a confession became a media issue and some courts began to deny obviously compelled confessions. ^[55]:42 The publication of this information in 1931 as part of the Wickersham Commission's "Report on Lawlessness in Law Enforcement" led to a decline in the use of third degree police interrogation techniques in the 1930s and 1940s. The Wickersham Commission was established in May 1929 when President Herbert Hoover appointed George W ^[55]:38

In 1983 Texas sheriff James Parker and three of his deputies were convicted for conspiring to force confessions. The complaint said they "subject prisoners to a suffocating water torture ordeal in order to coerce confessions. This generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning. "^[56] The sheriff was sentenced to ten years in prison, and the deputies to four years. ^[56][57]

Use by intelligence officers

Many reports say that intelligence officers of the United States used waterboarding to interrogate prisoners captured in the "War on Terrorism. The War on Terrorism (also known as the War on Terror) is the common term for the military political and legal, and ideological conflict and specifically for U "

The June 21, 2004 issue of Newsweek stated that the Bybee memo, a 2002 legal memorandum drafted by former OLC lawyer John Yoo that described what sort of interrogation tactics against suspected terrorists or terrorist affiliates the Bush administration would consider legal, was "prompted by CIA questions about what to do with a top Qaeda captive, Abu Zubaydah, who had turned uncooperative . Events 524 - Godomar, King of the Burgundians defeats the Franks at the Battle of Vézeronce. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Newsweek is an American weekly Newsmagazine published in New York City. The Bybee Memo was a document prepared by the United States Department of Justice 's Office of Legal Counsel (OLC and specifically John Yoo, in response John Choon Yoo (born 1967 in Seoul) is an American Professor of Law at the Boalt Hall School of Law, University of Abu Zubaydah (born 12 March 1971 as Zayn al-Abidin Muhammad Husayn (ابو زبيدة was according to American authorities a high-ranking member of Al-Qaida . . and was drafted after White House meetings convened by George W. Bush's chief counsel, Alberto Gonzales, along with Defense Department general counsel William Haynes and David Addington, Vice President Dick Cheney's counsel, who discussed specific interrogation techniques, says a source familiar with the discussions. Alberto R Gonzales (born August 4 1955) was the 80th Attorney General of the United States. William Haynes may refer to William J Haynes II (1958- an American lawyer David S Addington (b January 22, 1957, Washington DC) is chief of staff and former legal Counsel to Vice President Richard Bruce "Dick" Cheney (born January 30 1941 is the forty-sixth and current Vice President of the United States. " Among the methods they found acceptable was waterboarding. ^[58]

In November 2005, ABC News reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other "Enhanced Interrogation Techniques", against suspected members of al Qaeda. Enhanced interrogation techniques, rough interrogation, the Central Intelligence Agency’s interrogation methods, and alternative set of procedures are Al-Qaeda, alternatively spelled al-Qaida, al-Qa`ida or al-Qa`idah, ( Arabic:; ar-Latn ''al-qāʿidah'' Translation: The

On July 20, 2007, U. Events 1304 - Wars of Scottish Independence: Fall of Stirling Castle - King Edward I of England takes the last rebel stronghold Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. S. President George W. Bush signed an executive order banning torture during interrogation of terror suspects. ^[59] While the guidelines for interrogation do not specifically ban waterboarding, the executive order refers to torture as defined by 18 USC 2340, which includes "the threat of imminent death," as well as the U.S. Constitution's ban on cruel and unusual punishment. The Constitution of the United States of America is the supreme Law of the United States. The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 ^[60] Reaction to the order was mixed, with the CIA satisfied that it "clearly defined" the agency's authorities, but Human Rights Watch saying that answers about what specific techniques had been banned lay in the classified companion document and that "the people in charge of interpreting [that] document don't have a particularly good track record of reasonable legal analysis. Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. "^[61]

On September 14, 2007, ABC News reported that sometime in 2006 CIA Director Michael Hayden asked for and received permission from the Bush administration to ban the use of waterboarding in CIA interrogations. Events 81 - Domitian becomes Emperor of the Roman Empire upon the death of his brother Titus. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. The source of information is current and former CIA officials. ABC reported that waterboarding had been authorized by a 2002 Presidential finding. ^[62] On November 5, 2007, The Wall Street Journal reported that its "sources confirm . Events 1499 - Publication of the Catholicon in Treguier ( Brittany) Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. . . that the CIA has only used this interrogation method against three terrorist detainees and not since 2003. "^[63] John Kiriakou, a former CIA officer, is the first official within the U.S. government to openly admit to the use of waterboarding as an interrogation technique, as of December 10, 2007. near as long as it used to be several months ago It has been actively summarized and split into sub-articles and there is a dynamic talk page discussion of all The federal government of the United States is the central United States Governmental body established by the United States Constitution. Events 1041 - Empress Zoe of Byzantium elevates her adoptive son to the throne of the Eastern Roman Empire as Michael V Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. ^[64][65]

On February 6, 2008, the CIA director General Michael Hayden stated that the CIA had used waterboarding on three prisoners during 2002 and 2003, namely Khalid Shaikh Mohammed, Abu Zubayda and Abd al-Rahim al-Nashiri. Events 46 BC - Julius Caesar defeats the combined army of Pompeian followers and Numidians under Metellus Scipio 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Michael Vincent Hayden, (born March 17, 1945 in Pittsburgh Pennsylvania) was a United States Air Force four-star general and is the Khalid Sheikh Mohammed ( خالد شيخ محمد; also transliterated as Khalid Shaikh Mohammed, and additionally known by at least fifty aliases Abu Zubaydah (born 12 March 1971 as Zayn al-Abidin Muhammad Husayn (ابو زبيدة was according to American authorities a high-ranking member of Al-Qaida Abd al-Rahim al-Nashiri ( عبد الرحيم النشيري) is one of the aliases of the Saudi Al-Qaeda member Abdul-Rahim Hussein Muhammad 'Abdu (عبد ^[66][67]

On February 23, 2008, the Justice Department revealed that its internal ethics office was investigating the department’s legal approval for waterboarding of Qaeda suspects by the CIA and was likely to make public an unclassified version of its report. Events 1455 - Traditional date for the publication of the Gutenberg Bible, the first Western Book printed from Movable 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common ^[68]

Khalid Sheikh Mohammed

Several accounts reported that Khalid Sheikh Mohammed was waterboarded while being interrogated by the CIA. Khalid Sheikh Mohammed ( خالد شيخ محمد; also transliterated as Khalid Shaikh Mohammed, and additionally known by at least fifty aliases According to the Bush administration, Khalid Sheikh Mohammed divulged information of tremendous value during his detention. He is said to have helped point the way to the capture of Riduan Isamuddin (AKA Hambali), the Indonesian terrorist responsible for the 2002 bombings of night clubs in Bali. Riduan Isamuddin also transliterated as Riduan Isamudin, Riduan Isomuddin, and Riduan Isomudin, better known by the Nom de The 2002 Bali bombings occurred on 12 October 2002 in the tourist district of Kuta on the Indonesian island of Bali. According to the Bush administration, he also provided information on an Al Qaeda leader in England. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland ^[69]

During a radio interview on October 24, 2006, with Scott Hennen of radio station WDAY, Vice President Dick Cheney seemed to agree with the use of waterboarding. Events 69 - Second Battle of Bedriacum, forces under Antonius Primus the commander of the Danube armies loyal to Vespasian, defeat Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. WDAY is North Dakota's first and oldest radio station It began in 1922 and carries the ABC Radio network although currently it mainly consists of top-of-the-hour newscasts Richard Bruce "Dick" Cheney (born January 30 1941 is the forty-sixth and current Vice President of the United States. ^[70] The following are the questions and answers at issue, excerpted from the transcript of the interview:

Hennen: "…And I've had people call and say, please, let the Vice President know that if it takes dunking a terrorist in water, we're all for it, if it saves American lives. Again, this debate seems a little silly given the threat we face, would you agree?"
Cheney: "I do agree. And I think the terrorist threat, for example, with respect to our ability to interrogate high value detainees like Khalid Sheikh Mohammed, that's been a very important tool that we've had to be able to secure the nation. Khalid Sheikh Mohammed provided us with enormously valuable information about how many there are, about how they plan, what their training processes are and so forth, we've learned a lot. We need to be able to continue that. "
…
Hennen: "Would you agree a dunk in water is a no-brainer if it can save lives?"
Cheney: "Well, it's a no-brainer for me, but for a while there I was criticized as being the vice president for torture. We don't torture. That's not what we're involved in. "^[71]

The administration later denied that Cheney had confirmed the use of waterboarding, saying that U. S. officials do not talk publicly about interrogation techniques because they are classified. White House Press Secretary Tony Snow said that Cheney was not referring to waterboarding, but only to a "dunk in the water", prompting one reporter to ask, "So dunk in the water means, what, we have a pool now at Guantanamo and they go swimming?" Tony Snow replied, "You doing stand-up?"^[72] On September 13, 2007 ABC News reported that a former intelligence officer stated that Khalid Sheikh Mohammed had been waterboarded in the presence of a female CIA supervisor. Robert Anthony Snow ( June 1 1955 – July 12 2008) was an American Political commentator, Television news Stand-up comedy is a style of comedy where the performer speaks directly to the audience with the absence of the theatrical " Fourth wall " Events 509 BC - The Temple of Jupiter on Rome 's Capitoline Hill is dedicated on the ides of September Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. ^[73]

Captured along with Khalid Sheikh Mohammed was a letter from bin Laden which led officials to think that he knew where the Al Qaeda founder was hiding. ^[74][75]

According to sources familiar with a private interview of Khalid Sheikh Mohammed, he claimed to have been waterboarded five times. ^[69] "A CIA official told ABC News that he had been water-boarded, and had won the admiration of his interrogators because it took him two to two-and-half minutes to start confessing – well beyond the average of 14 seconds observed in others. "^[76] This is disputed by two former CIA officers who are reportedly friends with one of Khalid Sheikh Mohammed's interrogators. The officers called this 'bravado' and claimed that he was waterboarded only once. According to one of the officers, Khalid Sheikh Mohammed needed only to be shown the drowning equipment again before he "broke. " "Waterboarding works," the former officer said. "Drowning is a baseline fear. So is falling. People dream about it. It’s human nature. Suffocation is a very scary thing. When you’re waterboarded, you’re inverted, so it exacerbates the fear. It’s not painful, but it scares the shit out of you. " (The former officer was waterboarded himself in a training course. ) Khalid Sheikh Mohammed, he claimed, "didn’t resist. He sang right away. He cracked real quick. " He said, "A lot of them want to talk. Their egos are unimaginable. (He) was just a little doughboy. He couldn't stand toe to toe and fight it out. "^[69] After being subjected to waterboarding, Khalid Sheikh Mohammed claimed involvement in thirty-one terrorist plots. ^[77]

Abu Zubaida

Abu Zubaida was also waterboarded by the CIA. Abu Zubaydah (born 12 March 1971 as Zayn al-Abidin Muhammad Husayn (ابو زبيدة was according to American authorities a high-ranking member of Al-Qaida ^[78]

In 2002, U. S. intelligence located Abu Zubayda by tracing his phone calls. He was captured March 28, 2002, in a safehouse located in a two story apartment in Faisalabad, Pakistan. Events 37 - Roman Emperor Caligula accepts the titles of the Principate, entitled to him by the Senate. See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. The American Intelligence analysts who compiled the justifications for continuing to detain the captives ( is a city located in the province of Punjab, Pakistan. It was formerly known as Lyallpur. While in U. S. custody, he was waterboarded,^[79] and subsequently gave a great deal of information about the 9/11 attack plot. Such information was used by the Canadian government in seeking to uphold the 'security certificate' of Mohamed Harkat. Born in Algeria, Mohamed Harkat (محمد حركات has drawn Canadian media attention as being one of several Muslim-Canadians alleged to have ties to terrorism Participating in his interrogation were two American psychologists, James Elmer Mitchell and R. Scott Shumate. ^[80][81]

In December 2007, the Washington Post reported that there were some discrepancies regarding reports about the amount of times Zubaida was waterboarded. The Washington Post is the largest and most circulated Newspaper in Washington D According to a previous account by Former CIA officer John Kiriakou, Abu Zubaida broke after just 35 seconds of waterboarding, which involved stretching cellophane over his mouth and nose and pouring water on his face to create the sensation of drowning. Waterboarding is a form of Torture that consists of immobilizing a person on their back with the head inclined downward and pouring water over the face and into the breathing From the Washington Post article:

"But other former and current officials disagreed that Abu Zubaida's cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months. The videotaping of Abu Zubaida in 2002 went on day and night throughout his interrogation, including waterboarding, and while he was sleeping in his cell, intelligence officials said . . . The CIA has said it ceased waterboarding in 2003. "^[82]

Controversy over classification as torture in the United States

Whether waterboarding should be classified as a method of torture was not widely debated in the United States before it was alleged, in 2004, that members of the CIA have used the technique against certain suspected detained terrorists. ^[83][84] Since then, some commentators have argued that waterboarding as an interrogation method should not qualify as torture in certain circumstances while other individuals have refused to state whether they would consider waterboarding to be torture without knowing the specific facts of a situation.

Andrew C. McCarthy, a licensed attorney and former U. Andrew C McCarthy is a former Assistant United States Attorney for the Southern District of New York. S. federal prosecutor now serving as director of the Center for Law and Counterterrorism, states in an October 2007 op-ed in National Review that he believes that, when used "some number of instances that were not prolonged or extensive", waterboarding should not qualify as torture under the law. An editorial, leader (UK or leading article (UK is an article in a Newspaper or Magazine that expresses the opinion of the Editor National Review ( NR) is a biweekly Magazine and Web site, founded by the late author William F McCarthy continues: "Personally, I don't believe it qualifies. It is not in the nature of the barbarous sadism universally condemned as torture, an ignominy the law, as we've seen, has been patently careful not to trivialize or conflate with lesser evils,"^[27]. Nevertheless, McCarthy in the same article admits that "waterboarding is close enough to torture that reasonable minds can differ on whether it is torture" and that "[t]here shouldn’t be much debate that subjecting someone to [waterboarding] repeatedly would cause the type of mental anguish required for torture. "^[27]

Some American politicians have unequivocally stated that it is their belief that waterboarding is not torture. In response to the question "Do you believe waterboarding is torture?" on the Glenn Beck show, Representative Ted Poe stated "I don't believe it's torture at all, I certainly don't. Glenn Beck (born February 10, 1964) is an American radio and Television host, conservative Political commentator Lloyd "Ted" Poe (born September 10, 1948) is a Republican Politician currently representing Texas's 2nd congressional district " Beck agreed with him. ^[30] The American conservative media commentator Jim Meyers has stated, in a December 2007 Newsmax.com opinion piece, that he does not believe that waterboarding should be classified as a form of torture, because he does not believe it inflicts pain. Conservatism is a term used to describe political philosophies that favour Tradition, where tradition refers to various religious cultural or nationally defined Newsmax Media is a Conservative political organization founded by journalist Christopher W ^[85]

However, other American commentators have questioned the legality of waterboarding as an interrogation technique. For example, Professor Wilson R. Huhn's 2008 scholarly editorial "Waterboarding is Illegal" published by Washington University Law Review directly questions the legality of the technique from a legal perspective. Washington University School of Law (WULS is a private American Law school located in St ^[86]

As a political issue in confirmation hearings

The issue of whether waterboarding is torture became an issue in confirming certain appointments to the Department of Justice. For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department Judge Michael Mukasey was intended to be a consensus candidate to replace Alberto Gonzalez as Attorney General, but his confirmation briefly looked in doubt when he wouldn't state whether waterboarding is torture. Michael Bernard Mukasey (mjuːˈkeɪzi(born July 28, 1941)is an American lawyer currently the 81st Attorney General of the United States, and Alberto R Gonzales (born August 4 1955) was the 80th Attorney General of the United States. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition Mukasey stated that waterboarding seemed "over the line or, on a personal basis, repugnant to me, and would probably seem the same to many Americans" but that "hypotheticals are different from real life, and in any legal opinion the actual facts and circumstances are critical. " As reported by the Washington Post: Mukasey also stated that he was "reluctant to offer opinions on interrogation techniques because he does not want to place U. S. officials 'in personal legal jeopardy' and is concerned that such remarks might 'provide our enemies with a window into the limits or contours of any interrogation program. '"^[87]

The issue came up again in the confirmation hearings of Federal District Judge Mark Filip for the position of deputy attorney general. Mark Filip is currently Deputy Attorney General of the United States of America. Filip stated that he considered waterboarding to be "repugnant," and stated that with a grandfather in a POW camp in Germany, he considered the issue to be somewhat personal. That being said, he refused to state whether waterboarding was torture and stated instead that "the attorney general of the United States is presently reviewing that legal question" and that "I don't think I can or anyone who could be potentially considered for his deputy could get out in front of him on that question while it's under review. "^[88]

As a political issue in 2008 presidential election

The issue of whether waterboarding should be classified as torture also became a political issue for candidates running for president in the 2008 election, which candidates being asked whether they would consider waterboarding to be a form of torture. The United States presidential election of 2008, scheduled for Tuesday November 4 2008 will be the 56th consecutive Several political candidates (e. g. , John McCain,^[10] Mike Huckabee,^[89] Joseph Biden,^[90] Chris Dodd,^[91] Barack Obama,^[92] Hillary Clinton. Michael Dale "Mike" Huckabee (born August 24 1955 is a former Republican governor of Arkansas from 1996 to 2007 and a political Commentator Christopher John Dodd (born May 27, 1944) is an American Lawyer and Democratic Politician, who is currently serving Hillary Diane Rodham Clinton (born October 26 1947 is the junior United States Senator from ^[93]) have stated that waterboarding is torture, while others have stated that it depends on how it is done or have stated unequivocally that they do not believe waterboarding is torture. ^[94]

For example, in response to a direct question of whether he considered waterboarding to be torture, Rudolph Giuliani stated "I’m not sure [waterboarding] is [torture]. KBE Per, "Postnominal letters should be included when they are issued by a country or organization the subject has been closely associated with It depends on how it’s done. It depends on the circumstances. It depends on who does it. I think the way it’s been defined in the media, it shouldn’t be done. The way in which they have described it, particularly in the liberal media. So I would say, if that’s the description of it, then I can agree, that it shouldn’t be done. But I have to see what the real description of it is. Because I’ve learned something being in public life as long as I have. And I hate to shock anybody with this, but the newspapers don’t always describe it accurately. "^[95]

Additionally, Tom Tancredo stated in a Republican debate the following: "[T]he question that I was originally asked that elicited the response that you’ve mentioned was, what do we do in the -- in the response to a nuclear -- or the fact that a nuclear device or some bombs have gone off in the United States; we know that there are -- we have captured people who have information that could lead us to the next one that’s going to go off; and it’s the big one? That was the question that I responded to. Thomas Gerard Tancredo (born December 20 1945) is a Republican member of the United States House of Representatives from Colorado And I told you yes, I would do -- certainly waterboard -- I don’t believe that that is, quote, "torture. " I would do what is necessary to protect this country. That is the ultimate responsibility of the president of the United States. "^[96]

In the Republican YouTube debates, Andrew Jones, a college student from Seattle submitted the question: "Recently, Senator McCain has come out strongly against using waterboarding as an instrument of interrogation. YouTube is a video sharing website where users can upload view and share Video clips YouTube was created in February 2005 by three former PayPal employees My question for the rest of you is, considering that Mr. McCain is the only one with any firsthand knowledge on the subject, how can those of you sharing the stage with him disagree with his position?" In response to this question Mitt Romney stated "I oppose torture. I would not be in favor of torture in any way, shape or form. " Prompted by the moderator as to whether waterboarding was torture, Romney said "as a presidential candidate, I don't think it's wise for us to describe specifically which measures we would and would not use" which prompted the following exchange between McCain and Romney: McCain: "Well, governor, I'm astonished that you haven't found out what waterboarding is. " Romney: "I know what waterboarding is, Senator. " McCain: "Then I am astonished that you would think such a – such a torture would be inflicted on anyone in our — who we are held captive and anyone could believe that that's not torture. It's in violation of the Geneva Convention. "^[97]

McCain later reiterated his opinion in an interview with 60 minutes on March 9, 2008, shortly after becoming the expected winner of the Republican primary, that waterboarding was torture and that the U. Not to be confused with the BBC news magazine program Sixty Minutes (TV series. See also Democratic Party (United States presidential primaries 2008 Candidates See also United States Republican presidential candidates 2008 S. Government had tortured detained prisoners by using this technique. Scott Pelley asked if water boarding is torture, McCain said, "Sure. Scott Pelley (born July 28, 1957) is an American television journalist, currently working as a Correspondent for the CBS News Yes. Without a doubt. " Pelley then asked "So the United States has been torturing POWs?" Pelley asked. "Yes. Scott, we prosecuted Japanese war criminals after World War II. And one of the charges brought against them, for which they were convicted, was that they water-boarded Americans," McCain said. ^[98]

Legality

International

All nations that are signatory to the United Nations Convention Against Torture have agreed they are subject to the explicit prohibition on torture under any condition. The United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the purview of This was affirmed by Saadi v. Italy in which the European Court of Human Rights, on February 28, 2008, upheld the absolute nature of the torture ban by ruling that international law permits no exceptions to it. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights Events 202 BC - coronation ceremony of Liu Bang as Emperor Gaozu of Han takes place initiating four centuries of the Han Dynasty 's rule 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common ^[99] The treaty states "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. The War on Terrorism (also known as the War on Terror) is the common term for the military political and legal, and ideological conflict and specifically for U "^[100] Additionally, signatories of the Universal Declaration of Human Rights are bound to Article 5, which states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais "^[101] Many signatories of the convention have made specific declarations and reservations regarding the interpretation of the term "torture" and restricted the jurisdiction of its enforcement. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority ^[102] However, UN High Commissioner for Human Rights, Louise Arbour, stated on the subject: "I would have no problems with describing this practice as falling under the prohibition of torture," and Violators of the UN Convention against Torture should be prosecuted under the principle of universal jurisdiction. Louise Arbour, CC (born February 10, 1947) is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Universal jurisdiction or universality principle is a controversial principle in International law whereby States claim criminal Jurisdiction ^[103]

Bent Sørensen, Senior Medical Consultant to the International Rehabilitation Council for Torture Victims and former member of the United Nations Committee against Torture said:

“It’s a clear-cut case: Waterboarding can without any reservation be labeled as torture. The International Rehabilitation Council for Torture Victims (IRCT is an independent international health professional organisation that promotes and supports the rehabilitation of torture It fulfils all of the four central criteria that according to the United Nations Convention against Torture (UNCAT) defines an act of torture. First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death. You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation. In other words there is no doubt that waterboarding causes severe physical and/or mental suffering – one central element in the UNCAT’s definition of torture. In addition the CIA’s waterboarding clearly fulfills the three additional definition criteria stated in the Convention for a deed to be labeled torture, since it is 1) done intentionally, 2) for a specific purpose and 3) by a representative of a state – in this case the US. ” ^[104]

Lt. Gen. Michael D. Maples, the director of the Defense Intelligence Agency, concurred by stating, in a hearing before the Senate Armed Services Committee, he believes waterboarding violates Common Article 3 of the Geneva Conventions. Lieutenant General Michael D Maples, USA currently serves as the 16th Director of the Defense Intelligence Agency ( DIA) appointed on November The Third Geneva Convention (or GCIII) of 1949 one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of Prisoners of ^[105]

United States

The United States Supreme Court in Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) said that the Universal Declaration of Human Rights "does not of its own force impose obligations as a matter of international law. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Facts A US Drug Enforcement Agency (DEA special agent was kidnapped and murdered by a Mexican drug cartel in 1985 "^[106] However, the United States has a historical record of regarding waterboarding as a crime, and has prosecuted individuals for the use of the practice in the past. In 1947, the United States prosecuted a Japanese military officer, Yukio Asano, for carrying out various acts of torture including kicking, clubbing, burning with cigarettes and using a form of waterboarding on a U. S. civilian during World War II. Yukio Asano received a sentence of 15 years of hard labor. Penal labour or penal servitude is a form of Unfree labour. The term may refer to two different notions labour as a form of punishment and labour as a form of occupation ^[47] The charges of Violation of the Laws and Customs of War against Asano also included "beating using hands, fists, club; kicking; burning using cigarettes; strapping on a stretcher head downward. "^[107] In addition, the European Court of Human Rights ruled in February 2008 that local considerations do not negate the absolute torture prohibition under international law. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights ^[99]

Following the attacks of September 11, 2001, several memoranda,^[108][109] including the Bybee memo, were written analyzing the legal position and possibilities in the treatment of prisoners. The Bybee Memo was a document prepared by the United States Department of Justice 's Office of Legal Counsel (OLC and specifically John Yoo, in response The memos, known today as the "torture memos,"^[110] advocate enhanced interrogation techniques, while pointing out that refuting the Geneva Conventions would reduce the possibility of prosecution for war crimes. ^[111] In addition, a new definition of torture was issued. Most actions that fall under the international definition do not fall within this new definition advocated by the U. S. ^[112]

In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognized "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record,^[113] and critics of waterboarding draw parallels between the two techniques, citing the similar usage of water on the subject. Country Reports on Human Rights Practices are publications on the annual Human right conditions in counties and regions except United States of America, submitted Tunisia (تونس Tūnis officially the Tunisian Republic ( is a country located in North Africa.

On September 6, 2006, the U.S. Department of Defense released a revised Army Field Manual entitled Human Intelligence Collector Operations that prohibits the use of waterboarding by U. Events 3114 BC - According to the Proleptic Julian calendar the current era in the Maya Long Count Calendar started Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The United States Department of Defense ( DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government US Army Field Manuals are published by the United States Army 's Army Publishing Directorate S. military personnel. The department adopted the manual amid widespread criticism of U. S. handling of prisoners in the War on Terrorism, and prohibits other practices in addition to waterboarding. The War on Terrorism (also known as the War on Terror) is the common term for the military political and legal, and ideological conflict and specifically for U The revised manual applies only to U. S. military personnel, and as such does not apply to the practices of the CIA. ^[114] Nevertheless Steven G. Bradbury, acting head of the US Department of Justice (DOJ) Office of Legal Counsel, on February 14, 2008 testified:

There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law. Steven Bradbury is a candidate for the Office of Legal Counsel at the United States Justice Department. For animal rights group see Justice Department (JD The United States Department of Justice ( DOJ) is a Cabinet department The Office of Legal Counsel is an American government legal office in the U Events 842 - Charles the Bald and Louis the German swear the Oaths of Strasbourg in the French and German 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common ^[115]

In addition, both under the War Crimes Act^[116] and international law, violators of the laws of war are criminally liable under the command responsibility, and they could still be prosecuted for war crimes. The War Crimes Act of 1996 was passed with overwhelming majorities by the United States Congress and signed into law by President Bill Clinton. Public international law concerns the structure and conduct of States and Intergovernmental organizations. The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied ^[117] Commenting on the so-called "torture memoranda" Scott Horton pointed out

the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. Scott Horton is a New York attorney known for his work in Human rights law and the Law of armed conflict, as well as Emerging markets Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of That, after all, is the teaching of United States v. Altstötter, the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous “Night and Fog Decree. The Judges' Trial (or the Justice Trial, or officially The United States of America vs ”^[110]

Michael Mukasey's refusal to investigate and prosecute anyone that relied on these legal opinions led Jordan Paust of the University of Houston Law Center to write an article for JURIST stating:

it is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law. Michael Bernard Mukasey (mjuːˈkeɪzi(born July 28, 1941)is an American lawyer currently the 81st Attorney General of the United States, and The University of Houston Law Center ( Colloquially The Law Center) is a professional Graduate school at the University of Houston. JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than General Mukasey, just following orders is no defense!^[118]

On February 22, 2008 Senator Sheldon Whitehouse made public that "the Justice Department has announced it has launched an investigation of the role of top DOJ officials and staff attorneys in authorizing and/or overseeing the use of waterboarding by U. The Nuremberg Defense is a Legal defense that essentially states that the defendant was " only following orders " ("Befehl ist Befehl" literally Events 1495 - King Charles VIII of France enters Naples to claim the city's throne 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Sheldon Whitehouse (born October 20, 1955) is the Junior Senator from the state of Rhode Island. S. intelligence agencies. "^[119]

Both houses of the United States Congress approved a bill by February 2008 that would ban waterboarding and other harsh interrogation methods. But President George W. Bush vetoed the bill on March 8, 2008. Events 1618 - Johannes Kepler discovers the third law of planetary motion. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common It appears unlikely that bill supporters will be able to gather enough votes to overturn the veto. ^[120]

Use in Popular media

• In the 2006 film The Good Shepherd, a sitting-version of waterboarding is enacted upon a spy (Mark Ivanir as Valentin Mironov #2). The Good Shepherd is a 2006 Spy film directed by Robert De Niro and starring Matt Damon and Angelina Jolie, with It is one of several purported torture and interrogation methods in use during the 1950's and 1960's by the CIA depicted. Torture, according to the United Nations Convention Against Torture, is "any act by which severe pain or suffering, whether physical or mental is intentionally Interrogation or questioning is Interviewing as commonly employed by officers of the Police and Military. near as long as it used to be several months ago It has been actively summarized and split into sub-articles and there is a dynamic talk page discussion of all Also depicted is non-consensual administration of LSD.

See also

• At the Center of the Storm: My Years at the CIA, the memoir of former CIA director George Tenet
• Command responsibility, the doctrine of hierarchical accountability in cases of war crimes
• Department of Defense Directive 2310, which prohibits the use of waterboarding
• Dunking, a form of torture or punishment in which the victim is submerged in water
• Enhanced interrogation techniques, a term used by the Bush administration for aggressively extracting information from captives in the War on Terror
• Water cure, a form of water torture in which the victim must drink large quantities of water
• Water torture, covering several varieties of torture involving water

Further reading

• Alleg, Henri (2006; original French version published in 1958). At the Center of the Storm My Years at the CIA is a Memoir co-written by former Director of the Central Intelligence Agency, George Tenet with George John Tenet (born January 5, 1953) was the Director of Central Intelligence for the United States Central Intelligence Agency Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of DoD Directive 2310 is a policy of the United States of America that concerns treatment of enemy prisoners particularly those classified as " Unlawful combatants quot Dunking is a form of Torture and punishment that was applied to Scolds and supposed Witches In a Trial by ordeal, supposed Enhanced interrogation techniques, rough interrogation, the Central Intelligence Agency’s interrogation methods, and alternative set of procedures are Water cure is a form of Water torture in which the victim is forced to drink large quantities of water in a short time resulting in Gastric distension, Water torture is Torture using Water, which can take several forms The Question. Preface by Jean-Paul Sartre. Translated by John Calder. Bison Books. ISBN 0803259603. ISBN 9780803259607.
• McCoy, Alfred W. (2006). A question of torture: CIA interrogation, from the Cold War to the War on Terror. New York: Metropolitan Books. ISBN 0-8050-8041-4.  
• Human Rights Watch World Report 2006 (Human Rights Watch World Report). New York: Seven Stories Press. ISBN 1-58322-715-6.  
• Paust, Jordan L. . Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror. Cambridge, UK: Cambridge University Press. ISBN 0-521-88426-8.  
• Tushnet, Mark V. ; Martin, Francisco Forrest; Stephen J. Schnably; Wilson, Richard; Simon, Jonathan. International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis. Cambridge, UK: Cambridge University Press. ISBN 0-521-85886-0.  
• Report of the Committee Against Torture: Thirty-fifth Session (14 - 25 November 2005); Thirty-sixth Session (1-19 May 2006). United Nations Pubns. ISBN 92-1-810280-X.  
• Welch, Michael. Scapegoats of September 11th: Hate Crimes & State Crimes in the War on Terror (Critical Issues in Crime and Society). New Brunswick, NJ: Rutgers. ISBN 0-8135-3896-3.  
• Williams, Kristian (2006). American methods: torture and the logic of domination. Boston: South End Press. ISBN 0-89608-753-0.  

References

External links

Events 3102 BC - Epoch (origin of the Kali Yuga. 1229 - The Sixth Crusade: Frederick II Holy 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1455 - Traditional date for the publication of the Gutenberg Bible, the first Western Book printed from Movable 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1495 - King Charles VIII of France enters Naples to claim the city's throne 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1618 - Johannes Kepler discovers the third law of planetary motion. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common

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